U.S. Court of Appeals for the Fourth Circuit, 2007

Oke v. Gonzales

Oke v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided April 4, 2007 · Wilkinson, Motz, King
227 F. App'x 266

Oke v. Gonzales

Opinion

PER CURIAM:

Reuben Olugbenga Oke, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen. We deny the petition for review.

We review the denial of a motion to reopen or reconsider with extreme deference and only for an abuse of discretion. Stewart v. INS, 181 F.3d 587, 595 (4th Cir. 1999). Such motions are especially disfavored “in a deportation proceeding, where, as a general matter, every delay works to the advantage of the deportable alien who wishes merely to remain in the United States.” INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). A motion to reopen “must be filed no later than 90 days after the date on which the final administrative decision was rendered.” * 8 C.F.R. § 1003.2(c)(2) (2006).

Because Oke filed the motion to reopen beyond the ninety-day period for filing such motions, we find the Board did not abuse its discretion. Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.

*

None of the exceptions to the ninety-day period apply.

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